Downingtown teacher sues union and district

A teacher has filed a federal lawsuit against the Downingtown Area Educators Association and the Downingtown Area School District, claiming her rights were violated and that the parties refused to follow federal disclosure requirements.

District teacher Maria del Carmen Gonzalez Tucker resigned from formal membership in the union, an affiliate of the Pennsylvania Education Association and the National Education Association unions, in early December 2012.

Tucker filed the suit in the U.S. District Court for the Eastern District of Pennsylvania in Philadelphia with free legal assistance from National Right to Work Foundation staff attorneys.

Despite Tucker’s resignation, union officials notified her that she “will be part of the DAEA through the 2012-2013 school year.” Tucker’s suit alleges the school district continues to deduct full union dues from her paychecks at union officials’ behest even though the union hierarchy has refused to follow the federal disclosure requirements outlined by the U.S. Supreme Court.

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According to previous rulings made by the U.S. Supreme Court, workers have a right to refrain from union membership at any time. Additionally, the court ruled in the Foundation’s Chicago Teachers Union v. Hudson case that union officials must provide nonmember public workers with an independently-audited breakdown of all forced-dues union expenditures and the opportunity to object and challenge the amount of forced union fees before an impartial decision maker.

According to the foundation, that safeguard is designed to ensure that workers have an opportunity to refrain from paying for union political activities and member-only events.

Tucker’s suit is requesting that the court to halt the deduction of full union dues from her paychecks until she receives proper disclosure and to order a refund of any illegally-seized union dues and fees. The suit also argues that two Pennsylvania laws that purport to grant union officials the power to force non-member workers into paying full union dues against their will are unconstitutional.

“Because Pennsylvania does not have a Right to Work law, union bosses can compel non-member workers into paying union dues and fees as a condition of employment,” said Mark Mix, President of the National Right to Work Foundation. “This case underscores why Pennsylvania needs a Right to Work law making union affiliation and dues payments completely voluntary.”

Lawrence Mussoline, superintendent for the school district, said he was unable to comment since the issue is ongoing.

Multiple attempts were made to contact union officials, as well as Tucker. At the time of publication, no response has been returned.

About the Author

Sara Mosqueda-Fernandez os the Daily Local News' reporter that covers all things Downingtown and its local school district. A transplant to Chester County, she also keeps an eye on environmental issues in the area. Reach the author at smfernandez@dailylocal.com
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